Employers can provide their own paid family and medical leave program if it is equivalent or better than the state program and is approved by the state Employment Department.
- April 1 – April 30, 2023: All employers must submit their wage reports to the state via Frances Online. Employers that failed to declare their intent or obtain approval of their plan effective 1/1 must also remit 1st quarter contributions.
- May 31, 2023: Equivalent Plan Application due. Employers must submit their insured policy or self-funded plan at point of application. We do not recommend employers wait until the deadline to seek coverage or submit their application.
- Sept. 3, 2023: Qualified employees are expected to begin receiving benefits from the state program or an approved equivalent plan.
- Sept 3, 2023: The current SAWW is $1,269.69, which will mean a maximum weekly benefit of $1,523.63 and a minimum weekly benefit of $63.48.
Tools and Resources
The Hartford has prepared guides to help OR employers with their employees:
OR provides resources to help employers:
What’s Covered Under the State Program?
- Welcoming a new child (through birth, adoption or foster placement)
- Caring for a seriously ill family member (anyone related by blood, anyone who lives with a covered employee or anyone connected like family)
- Recovering from their own non work-related serious health condition
- Taking safe leave to tend to their own (or a minor’s) medical, legal and other needs related to domestic violence, harassment, sexual assault or stalking
What Are the State Plan Benefits?
- Up to 12 weeks paid for any combination of family, medical and safe leave, with total paid and unpaid leave capped at 16 weeks.*
- A benefit rate that depends on the employee’s average weekly wage. If the employee’s average weekly wage is:
- Equal to or less than 65% of the state average weekly wage, then the employee receives 100% of their average weekly wage.
- Greater than 65% of the state average weekly wage, then the employee receives the sum of 65% of the state average weekly wage plus 50% of the portion of the employee’s average weekly wage that exceeds 65% of the state average weekly wage.
- The maximum weekly benefit is based on 120% of the state average weekly wage. This amount could change yearly based on annual reviews.
* Two additional weeks when the leave is for incapacitation due to pregnancy complications; this may extend the total combined paid family and medical leave benefit up to 18 weeks.
How Is the State Program Funded?
The total rate is set to begin at 1% of gross wages. The rate may not exceed 1% of an employee’s wages, up to the taxable wage cap of $132,900. Employers will contribute 40% of the total rate. Employers must also deduct 60% of the total rate from their employees’ paychecks to remit to the PFMLI program, although an employer can choose to pay all or part of the employee contributions as an employer-offered benefit.
Employers with less than 25 employees (across all states) are not required to pay the employer contribution. However, if such employers elect to pay this contribution, they could apply to receive a grant to assist with certain costs related to the program.
What Are the State Plan Eligibility Requirements?
Oregon Family and Medical Leave Insurance benefits generally are available to employees if:
- They work for an employer who is subject to the FMLI law and who contributes to the Paid Family and Medical Leave Insurance Fund during the base year (the first four of the last five completed calendar quarters) or alternate base year (the last four completed calendar quarters).
- They earned at least $1,000 in wages during the base year or alternate base year.
- They are self-employed workers who have elected coverage and paid into the fund during the base year or alternate base year. Their contribution amount will be determined by the Employment Department.
- They work for a tribal government that elects coverage and the employee and employer contribute to the fund during the base or alternate base year. Their contribution amount will be determined by the Employment Department.
While receiving benefits, employees may also be entitled to job protection if their employer has 25 or more employees. Under FMLI, an employee must have worked for that employer for a minimum of 90 days.
Do All Employers Need To Participate?
Businesses and organizations of all sizes are required to participate. Exceptions include:
- Self-employed individuals (may opt-in to the state plan)
- Federal employers
- Federally recognized tribal employers (may opt-in to the state plan)
Is There a Private Plan Option?
Yes, the Oregon Paid Family and Medical Leave Insurance law allows for an equivalent private plan (whether fully insured or self-funded). Employers can apply to the Oregon Employment Department through Frances Online for approval of an employer-offered benefit plan that provides both Family and Medical Leave Insurance benefits within their plan. If you want to go through The Hartford, please let us know and we’ll collect all the necessary information to issue your policy and any applicable endorsements you’ll need to attach to your application.
An equivalent plan must have the same or better benefits as the state program, not be more restrictive than the state program and not cost employees any more than the base rate established by the state. Employers and employees covered by an approved equivalent plan do not have to contribute to the state program. Employers may deduct the employee portion of the state rate from their employees’ wages to finance the plan, though the employer may also assume all or part of the cost.
Is The Hartford Offering Fully Insured Coverage in OR?
Yes, The Hartford is offering fully insured coverage and also administrative services on self-insured private plans effective September 3, 2023 and later. To secure an equivalent plan effective September 3, 2023, you’ll need to submit your application no later than May 31, 2023. Please contact us well in advance of that date so that we may help you secure your plan approval.
Employers will be able to apply to the Oregon Employment Department for approval. For employers looking to self-insure, we can provide a template that you may use for your plan and submit with your application.
Please reach out to your employee benefits representative at The Hartford for additional information.
7544 NS 3/23
Statutory Paid Family and Medical Leave Form Series Includes GBD-1858 PFML (OR)
This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.
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